DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Formal Matters
Applicant’s Remarks and Amendments filed 11 June 2026 are acknowledged. Claims 1, 11, and 20 are currently amended. Claims 1-20 are pending and under examination.
Objections/Rejections Withdrawn
The rejection of claims 1-7, 9, 10, and 20 under 35 U.S.C. 102(a)(2) as being anticipated by Scheib ‘840 et al., US 20220015840 (20 January 2022, benefit to 17 July 2020), is withdrawn in light of Applicant’s amendments. However, a modified rejection is provided below in light of Applicant’s amendments.
The rejection of claims 8 and 11-19 under 35 U.S.C. 103 as being unpatentable over Scheib ‘840 et al., US 20220015840 (20 January 2022, benefit to 17 July 2020) (hereinafter “Scheib ‘840”) in view of Loh et al., US 20080147089 (19 June 2008), as evidenced by Anderson et al., US 20060161136 (20 July 2006), is withdrawn in light of Applicant’s amendments. However, a modified rejection is provided below in light of Applicant’s amendments.
Response to Arguments
Applicant amends independent claims 1, 11, and 20 and argues that although Scheib et al, US 20220015840 (20 January 2022, benefit to 17 July 2020) (hereinafter “Scheib ‘840”) generally discloses a robotic surgical system including a stationary instrument driver having a first instrument body attached to a distal joint of a first robotic arm and operable to drive one or more functions of a first surgical tool, Scheib does not show the amendments in claims 1, 11, and 20 (Remarks, numbered pages 7 and 8 of 10). Applicant also argues that Scheib does not disclose how cannula 1859 is attached to the robotic arm or the manner of how the surgical portal is supported by the linear slide mechanism (Remarks, numbered p. 7-8 of 10). Applicant argues that the dependent claims are patentable over Scheib ‘840 and Scheib ‘840 in view of Loh as evidenced by Anderson.
Applicant’s arguments have been fully considered, and they are persuasive in light of the amendments that the linear slide mechanism supports the surgical portion for axial translation of the surgical portal along a longitudinal axis defined by the linear slide. Independent claims 1, 11, and 20 have been amended to recite this limitation. In light of Applicant’s amendments, the prior rejections are withdrawn and new rejections, necessitated by amendment, are set forth below.
New Claim Objections/Rejections – Necessitated by Amendment
Claim Objections
Claim 11 is objected to because of the following informalities: there are two repeated instances of the word “the” in line 10; “the the instrument” due to the additional recitation in the amendment. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Devengenzo et al., US 20070137371 (21 June 2007).
Regarding currently amended claim 1, Devengenzo teaches a robotic surgical system (FIGs 1-2B, 5A-13B; robotic patient-side manipulator system 6; claim 16), comprising:
a robotic arm (FIGs 1-3, 5A-E; manipulator 8 comprising a manipulator arm 50; ¶47) including a plurality of joints (FIGs 1, 2A, 2B, set-up joints 7, 9; ¶42), wherein a distal-most joint (FIGs 5A-E, base link 102; ¶47) of the plurality of joints (FIGs 5A-E, manipulator 8 comprising manipulator arm 50; ¶47) is pivotally connected to an adjacent joint of the plurality of joints about a pivot axis (FIG 5A; joint 2, parallelogram drive axis; ¶53);
a surgical instrument (FIGs 1-2A, multiple instruments 5, 5’, and endoscope 11; ¶41);
a surgical portal (FIGs 5C-6C, accessory 110 such as a cannula, ¶48); and
a linear slide mechanism (FIGs 5A-E, 6A-6C1, where telescopic insertion axis 100 includes a first link or base link 102, a second link or idler link 104 operably coupled to base link 102, and a third link or carriage link 106 operably coupled to idler link 104; ¶47) rotatably coupled (FIG 5A; ¶53) to the distal-most joint of the plurality of joints of the robotic arm (FIGs 5A-E, 11C, base link 102; ¶47),
wherein the linear slide mechanism (FIGs 5A-E, 6A-6C1) is rotatable (FIG 5A, axes A, B) relative to the distal-most joint of the plurality of joints about an axis extending transverse (FIG 5A, telescoping axis 100; ¶50, 51, 53) to the pivot axis (FIG 5A; axis A to axis B or alternatively axis B to axis A, ¶53),
wherein the linear slide mechanism (FIGs 5A-E, 6A-6C1) supports the surgical portal (110) for axial translation (FIGs 6A-6C1)
relative to the surgical instrument (FIG 5E); and
relative to the linear slide rotation axis (FIG 5A, axes A, B) to vary a distance of the surgical portal (110) relative to the distal-most joint of the robotic arm (FIGs 5A, 5C-E1, 6A1-6C1).
Regarding claim 2, Devengenzo teaches the robotic surgical system of claim 1, wherein the linear slide mechanism (FIGs 5A-E, comprising telescopic insertion axis 100) includes an arm assembly (50) including a stationary segment (FIG 5A; first link/base link 102; ¶47) and a movable segment (a second link or idler link 104 operably coupled to base link 102, and a third link or carriage link 106 operably coupled to idler link 104; ¶47), the movable segment (FIGs 6A-6C1; idler link 104, carriage link 106) positioned to move relative to the stationary segment (FIGs 6A-6C1, first link/base link 102).
Regarding claim 3, Devengenzo teaches the robotic surgical system of claim 2, wherein the movable segment (FIGs 6A-6C1; idler link 104, carriage link 106) slides (slides and rails, ¶¶54-55) along the stationary segment (FIGs 6A-6C1, first link/base link 102)
Regarding claim 4, Devengenzo teaches the robotic surgical system of claim 3, as set forth above, wherein the linear slide mechanism (FIGs 5A-E, comprising telescopic insertion axis 100) includes a drive housing (FIG 5A, transmission system within arm 50, ¶¶52-53) on a proximal end portion thereof (FIG 5A, ¶¶52-53), the drive housing (within arm 50; ¶¶52-53) coupled to the robotic arm (¶52), the stationary segment (FIG 5A, first link/base link 102) extending from the drive housing (FIG 5A, within arm 50; ¶¶52-53).
Regarding claim 5, Devengenzo the robotic surgical system of claim 4, as set forth above, wherein the drive housing (FIG 5A, transmission system within arm 50 of manipulator 8, ¶¶52-53) is coupled to an instrument drive unit (FIGs 1-3, 5A-E; manipulator 8) that operates the surgical instrument (FIG 5E, 5E1, surgical instrument 5).
Regarding claim 6, Devengenzo teaches the robotic surgical system of claim 5, as set forth above, further comprising a sterile interface module (FIG 5D, 5D1, sterile adapter 109, ¶49) that connects the surgical instrument (FIG 5E-E1, surgical instrument 5) to the instrument drive unit (FIGs 5E-E1, “carriage link 106 includes instrument interface 101 for operably coupling sterile adapter 109”; ¶49).
Regarding claim 7, Devengenzo teaches the robotic surgical system of claim 6, as set forth above, wherein the movable segment (FIGs 6A-6C1; idler link 104, carriage link 106) is movable (FIGs 5A-5A1, motion axes C-G, ¶52; and 6A-6C and 6A1-6C1, translation distance ¶¶51) relative to the surgical instrument (FIGs 5E-E1, surgical instrument 5; 6A-6C1; ¶¶51-52).
Regarding claim 8, Devengenzo teaches the robotic surgical system of claim 7, as set forth above, wherein the movable segment (FIGs 6A-6C1; idler link 104, carriage link 106) is configured to support (“telescopic insertion axis 100 includes idler link 104 operably coupled to base link 102, and a third link or carriage link 106 operably coupled to idler link 104”, ¶47) the surgical portal (110).
Regarding claim 9, Devengenzo teaches the robotic surgical system of claim 8, as set forth above, wherein the drive housing (FIG 5A, transmission system within arm 50 of manipulator 8, ¶¶52-53) supports a drive motor (motor capstan, ¶59) and a drive (pulley coupled to a motor, ¶59) that is operable by the drive motor (motor capstan, ¶59) to cause the movable segment (FIGs 6A-6C1; idler link 104, carriage link 106) to move relative to the stationary segment (FIGs 6A-6C1, first link/base link 102).
Regarding claim 10, Devengenzo teaches the robotic surgical system of claim 9, as set forth above, wherein the drive (pulley coupled to a motor, ¶59) includes a cable drive (cable drive, ¶¶59-60), a belt drive (¶46), a rack and pinion drive, electromagnetic linear drive, or combinations thereof (¶46).
Regarding currently amended independent claim 11, Devengenzo teaches a surgical system (FIGs 1-2B, 5A-13B; robotic patient-side manipulator system 6; claim 16) comprising:
an instrument drive unit (FIG 5A, transmission system within arm 50 of manipulator 8, ¶¶52-53);
a surgical instrument (FIGs 1-2A, 3, instrument 5; ¶¶41, 43) coupled to the instrument drive unit (FIG 5E, 5E1; ¶52)
a surgical portal (FIGs 5C-6C, accessory 110 such as a cannula, ¶48); and
and a linear slide mechanism (FIGs 5A-E, 6A-6C1, where telescopic insertion axis 100 includes a first link or base link 102, a second link or idler link 104 operably coupled to base link 102, and a third link or carriage link 106 operably coupled to idler link 104; ¶47) including a mount assembly (FIGs 5A-E, 5A1, 5C1-E1, 6A-6C1) having a clamp (accessory clamp 108, ¶48) configured to selectively receive and lock the surgical portal to the linear slide mechanism (¶48), wherein the linear slide mechanism FIGs 5A-E, 6A-6C1; ¶47) is configured to axially translate the mount assembly (FIG 5A, telescoping axis 100; ¶50, 51, 53) and the surgical portal (110) relative to the surgical instrument (5) along a longitudinal axis defined by the linear slide (FIG 5A, telescoping axis 100; ¶50, 51, 53), and wherein the linear slide mechanism (FIGs 5A-E, 6A-6C1; ¶47) is configured to translate the mount assembly (108; ¶48) relative to both the surgical instrument (5) coupled to the the [sic] instrument drive unit (FIG 5A, transmission system within arm 50 of manipulator 8, ¶¶52-53) and a distal-most joint of a robotic arm (FIGs 5A (showing the RCM), 5B-5E1, 6A-6C1, 11A-F).
Regarding claim 12, Devengenzo teaches the surgical system of claim 11, as set forth above, wherein the linear slide mechanism (FIGs 5A-E, 6A-6C1, where telescopic insertion axis 100 includes a first link or base link 102, a second link or idler link 104 operably coupled to base link 102, and a third link or carriage link 106 operably coupled to idler link 104; ¶47) includes an arm assembly (50) including a stationary segment (FIG 5A; first link/base link 102; ¶47) and a movable segment (a second link or idler link 104 operably coupled to base link 102, and a third link or carriage link 106 operably coupled to idler link 104; ¶47), the movable segment (FIGs 6A-6C1; idler link 104, carriage link 106) positioned to move relative to the stationary segment (FIGs 6A-6C1, first link/base link 102).
Regarding claim 13, Devengenzo teaches the surgical system of claim 12, as set forth above, wherein the movable segment (FIGs 6A-6C1; idler link 104, carriage link 106) slides (slides and rails, ¶¶54-55) along the stationary segment (FIGs 6A-6C1, first link/base link 102).
Regarding claim 14, Devengenzo teaches the surgical system of claim 13, as set forth above, wherein the linear slide mechanism (FIGs 5A-E, comprising telescopic insertion axis 100) includes a drive housing (FIG 5A, transmission system within arm 50, ¶¶52-53) on a proximal end portion thereof (FIG 5A, ¶¶52-53), the drive housing (within arm 50; ¶¶52-53) coupled to the instrument drive unit (FIG 5A, within arm 50; ¶¶52-53).
Regarding claim 15, Devengenzo teaches the surgical system of claim 14, as set forth above, wherein the drive housing (FIG 5A, transmission system within arm 50, ¶¶52-53) supports an encoder (¶53) configured to monitor positions of the movable segment (to enable the servomechanism, ¶53) relative to the stationary segment (FIGs 6A-6C1, first link/base link 102; ¶53).
Regarding claim 16, Devengenzo teaches the surgical system of claim 15, as set forth above, further comprising a sterile interface module (FIG 5D, 5D1, sterile adapter 109, ¶49) that connects the surgical instrument (FIG 5E-E1, surgical instrument 5) to the instrument drive unit (FIGs 5E-E1, “carriage link 106 includes instrument interface 101 for operably coupling sterile adapter 109”; ¶49).
Regarding claim 17, Devengenzo teaches the surgical system of claim 16, as set forth above, wherein the movable segment (FIGs 6A-6C1; idler link 104, carriage link 106) is movable (FIGs 5A-5A1, motion axes C-G, ¶52; and 6A-6C and 6A1-6C1, translation distance ¶¶51) relative to the surgical instrument (FIGs 5E-E1, surgical instrument 5; 6A-6C1; ¶¶51-52).
Regarding claim 18, Devengenzo teaches the surgical system of claim 17, as set forth above, wherein the moveable segment (FIGs 6A-6C1; idler link 104, carriage link 106; ¶47) supports a mount assembly (FIGs 5A-E, 6A-6C1, accessory clamp 108, ¶48) that is configured to support (“telescopic insertion axis 100 includes idler link 104 operably coupled to base link 102, and a third link or carriage link 106 operably coupled to idler link 104”, ¶47) the surgical portal (FIG 5C, 110).
Regarding claim 19, Devengenzo teaches the surgical system of claim 18, as set forth above, wherein the drive housing (FIG 5A, transmission system within arm 50 of manipulator 8, ¶¶52-53) supports a drive motor (motor capstan, ¶59) and a drive (pulley coupled to a motor, ¶59) that is operable by the drive motor (motor capstan, ¶59) to cause the movable segment (FIGs 6A-6C1; idler link 104, carriage link 106) to move relative to the stationary segment (FIGs 6A-6C1, first link/base link 102).
Regarding currently amended independent claim 20, Devengenzo teaches a robotic surgical system (FIGs 1-2B, 5A-13B; robotic patient-side manipulator system 6; claim 16), comprising:
a robotic arm (FIGs 1-3, 5A-E; manipulator 8 comprising a manipulator arm 50; ¶47) including a plurality of joints (FIGs 1, 2A, 2B, set-up joints 7, 9; ¶42), wherein a distal-most joint (FIGs 5A-E, base link 102; ¶47) of the plurality of joints (FIGs 5A-E, manipulator 8 comprising manipulator arm 50; ¶47) is pivotally connected to an adjacent joint of the plurality of joints about a pivot axis (FIG 5A; joint 2, parallelogram drive axis; ¶53);
an instrument drive unit (FIG 5A, transmission system within arm 50 of manipulator 8, ¶¶52-53);
a surgical instrument (FIGs 1-2A, 3, instrument 5; ¶¶41, 43) coupled to the instrument drive unit (FIG 5E, 5E1; ¶52)
a surgical portal (FIGs 5C-6C, accessory 110 such as a cannula, ¶48);
a controller (remote and main “(e.g., processor 4 of FIG 1)” printed circuit assembly (PCA), ¶¶38, 71; claim 16); and
a linear slide mechanism (FIGs 5A-E, 6A-6C1, where telescopic insertion axis 100 includes a first link or base link 102, a second link or idler link 104 operably coupled to base link 102, and a third link or carriage link 106 operably coupled to idler link 104; ¶47) rotatably coupled (FIG 5A; ¶53) between the distal-most joint of the plurality of joints of the robotic arm (FIGs 5A-E, 11C, base link 102; ¶47) and the instrument drive unit (FIG 5A, transmission system within arm 50 of manipulator 8, ¶¶52-53),
the linear slide mechanism (FIGs 5A-E, 6A-6C1, where telescopic insertion axis 100 includes a first link or base link 102, a second link or idler link 104 operably coupled to base link 102, and a third link or carriage link 106 operably coupled to idler link 104; ¶47) including a movable segment (rotatable (FIG 5A, axes A, B) and telescoping (FIGs 6A-6C1, telescoping axis 100; ¶50, 51, 53) that is operatively coupled to the controller (remote and main “(e.g., processor 4 of FIG 1)” printed circuit assembly (PCA), ¶¶38, 71; claim 16) to enable the controller to actively move the surgical portal relative to the distal-most joint of the plurality of joints of the robotic arm (claim 16),
wherein the linear slide mechanism (FIGs 5A-E, 6A-6C1, where telescopic insertion axis 100 includes a first link or base link 102, a second link or idler link 104 operably coupled to base link 102, and a third link or carriage link 106 operably coupled to idler link 104; ¶47) is rotatable relative to the distal-most joint of the plurality of joints (FIG 5A; ¶53) about a linear slide rotation axis extending transverse to the pivot axis (FIGs 5A-E, 11C, base link 102; ¶¶47, 53),
wherein the linear slide mechanism (FIGs 5A-E, 6A-6C1, where telescopic insertion axis 100 includes a first link or base link 102, a second link or idler link 104 operably coupled to base link 102, and a third link or carriage link 106 operably coupled to idler link 104; ¶47) supports the surgical portal (110) for axial translation (FIG 5A, telescoping axis 100; ¶50, 51, 53) of the surgical portal (110) along a longitudinal axis defined by the linear slide (FIGs 5A, 6A-6C1, telescoping axis 100; ¶50, 51, 53):
relative to the surgical instrument (FIG 5E); and
relative to the linear slide rotation axis (FIG 5A, axes A, B) to vary a distance of the surgical portal (110) relative to the distal-most joint of the robotic arm (FIGs 5A, 5C-E1, 6A1-6C1).
Conclusion
No claim is allowed.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Gomez et al., US 20110282358 (17 November 2011) teach surgical system instrument mounting.
Scheib, US 20190053824 (21 February 2019) teaches cannula attachment devices and methods for a surgical robotic system.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHERIE M POLAND whose telephone number is (703)756-1341. The examiner can normally be reached M-F 9am-6pm (CST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jackie Ho can be reached at 571-272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHERIE M POLAND/Examiner, Art Unit 3771
/SHAUN L DAVID/Primary Examiner, Art Unit 3771
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